A daughter company of Campari, the Italian drinks giant, has successfully opposed an application by an Australian brewing company to trademark its pilsner beer brand.
Blue Sky Brewery, formerly based in Cairns, Australia, applied to trademark its ‘Blue Sky’ pilsner in February 2011. US-based Skyy Spirits, owned by the Campari Group, claimed the brand was too similar to brands associated with its Skyy Vodka trademark, including the ready-to-drink product Skyy Blue, produced and marketed in Australia since 2003.
Skyy argued there was a strong likelihood of confusion if both trademarks were used in the marketplace for alcoholic beverages.
The Australian Trademarks Office ruled in favour of Skyy, stating the circumstances in which alcoholic drinks are purchased was relevant: “They may be purchased in bars or nightclubs which can be dimly lit, noisy and crowded environments. When in this situation, alcoholic beverages will often be ordered by name from behind a bar, relatively distant from the product itself. Normal use of the goods will tend to cause a degree of inebriation. Even when ‘exceptional carelessness or stupidity’ is disregarded, the circumstance in which the goods may be bought and sold adds to the likelihood of deception or confusion.”
What do you think? Do you think you will be easily confused in your favourite night club?
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